FWD: NATIONAL GUARD IMMUNIZATION REFUSAL POLICY -- DEC 2002

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From: JRDCA@...

Date: Mon, 16 Dec 2002 22:54:20 EST

EXECUTIVE SUMMARY

NATIONAL GUARD IMMUNIZATION

REFUSAL POLICY AND PROCEDURES

(Source: Memorandum NGB-PL, DEC 2002)

(All States Log Number P02-0048)

The purpose of this executive summary is to provide information on the

National Guard immunization policy and how to manage refusals.

National Guard members who have a service commitment and disobey a lawful

order to take immunizations are subject to administrative or punitive actions

under military regulations or state military codes, or the UCMJ as

appropriate.

Commanders will seek the counsel of their Staff Judge Advocates in cases of

misconduct for immunization refusals.

Section 751 of the FY2001 National Defense Authorization Act requires the DoD

to establish a system for tracking, recording, and reporting separations of

Armed Forces members that result from procedures initiated as a result of a

refusal to participate Anthrax Vaccine Immunization Program (AVIP).

Each state and territory is required to report quarterly those members that

are involuntarily separated as result of their refusal to participate in the

AVIP through their respective personal channels.

There is no National Guard-wide policy directing a specific disposition when

a National Guard member refuses a lawful military order, nor have the

National Guard Bureau directorates established policies dictating a specific

National Guard-wide response.

National Guard guidance for immunization refusal is consistent with

Department of Defense, Army and Air Force refusal policies.

The local commander is designated to resolve cases of misconduct involving

immunization refusal.

National Guard medical personnel will counsel members to help them understand

the importance and safety of immunizations.

National Guard legal personnel will counsel members to help them understand

the consequences of continuing to refuse immunizations.

After extensive counseling, if the member does not have a valid basis for an

exemption or waiver, the local commander may give the member a direct order

to submit.

Service Secretaries IAW Secretary of Defense uniform procedures, shall

provide notification for all members of the armed forces on the procedures

established concerning exemption from participation in the immunization

program for administrative or medical reasons.

Granting a medical exemption is a medical function performed by a privileged

health care provider.

Temporary medical exemptions are warranted for immunosuppressive therapy,

acute situations, pregnancy, and other conditions as defined by the Assist

Secretary of Defense.

Administrative exemptions can be granted to retiring or separating personnel

with 180 days or less of service remaining.

Religious waivers are granted only for legitimate religious objections.

Religious waivers are revoked if necessary to ensure military mission

accomplishment.

Administrative exemption does not apply to personnel whom the commander

determines shall receive the vaccine because of overriding mission

requirements.